PRIOR PRINTER'S NO. 1724 PRINTER'S NO. 1998
No. 1377 Session of 2007
INTRODUCED BY M. SMITH, MAHER, BRENNAN, COHEN, DePASQUALE,
EVERETT, GEIST, GIBBONS, GRELL, GRUCELA, HARPER, HENNESSEY,
HESS, HORNAMAN, JAMES, JOSEPHS, M. KELLER, KULA, MANN,
PALLONE, RAPP, READSHAW, SIPTROTH, SOLOBAY, R. STEVENSON,
WAGNER, J. WHITE, CALTAGIRONE, MYERS, COSTA, RUBLEY,
M. O'BRIEN, FLECK, GOODMAN, YOUNGBLOOD, PARKER, SHIMKUS,
McILHATTAN, LEACH, PETRONE, KORTZ, FABRIZIO, CREIGHTON,
PASHINSKI, MARSHALL, R. MILLER, STURLA AND FRANKEL,
MAY 29, 2007
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 2007
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for possession and
6 use of asthma inhalers.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1414.1 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 November 30, 2004 (P.L.1471, No.187), is amended to read:
12 Section 1414.1. Possession and Use of [Asthma Inhalers] <--
13 Allergy Medicines by School-age Children AND EPINEPHRINE AUTO- <--
14 INJECTORS.--(a) Each school entity shall develop a written
15 policy to allow for the possession and self-administration by
16 children of school age of an asthma inhaler, epinephrine auto-
1 injector and the prescribed medication to be administered
2 thereby in a school setting. A school setting shall include, but
3 not be limited to, the pupil's school, school-sponsored
4 transportation or any activity, event or program sponsored by or
5 in which the pupil's school is participating.
6 (b) The policy under this section shall require a child of
7 school age that desires to possess and self-administer an asthma
8 inhaler or epinephrine auto-injector in a school setting to
9 demonstrate the capability for self-administration and for
10 responsible behavior in the use thereof and to notify the school
11 nurse immediately following each use of an asthma inhaler or
12 epinephrine auto-injector. The school entity shall develop a
13 system whereby the child may verify to the school nurse that the
14 child is capable of self-administration and has permission for
15 carrying and taking the medication through the use of the asthma
16 inhaler or epinephrine auto-injector. The school entity shall
17 also restrict the availability of the asthma inhaler,
18 epinephrine auto-injector and the prescribed medication
19 contained therein from other children of school age, with
20 immediate confiscation of [both] the asthma inhaler, epinephrine
21 auto-injector and the medication and loss of privileges if the
22 school policies are abused or ignored.
23 (c) The policy under this section may include the following:
24 (1) The requirement of a written statement from the
25 physician, certified registered nurse practitioner or physician
26 assistant that provides the name of the drug, the dose, the
27 times when the medication is to be taken and the diagnosis or
28 reason the medicine is needed unless the reason should remain
29 confidential. The physician, certified registered nurse
30 practitioner or physician assistant shall indicate the potential
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1 of any serious reaction that may occur to the medication, as
2 well as any necessary emergency response. The physician,
3 certified registered nurse practitioner or physician assistant
4 shall state whether the child is qualified and able to self-
5 administer the medication.
6 (2) The requirement of a written request from the parent or
7 guardian that the school entity comply with the order of the
8 physician, certified registered nurse practitioner or physician
9 assistant. The parent's note shall include a statement relieving
10 the school entity or any school employe of any responsibility
11 for the benefits or consequences of the prescribed medication
12 when it is parent-authorized and acknowledging that the school
13 entity bears no responsibility for ensuring that the medication
14 is taken.
15 (3) The ability of the school entity to reserve the right to
16 require a statement from the physician, certified registered
17 nurse practitioner or physician assistant for the continued use
18 of any medication beyond a specified time period. The school
19 entity may also require updated prescription and parental
20 approval on an annual basis from the pupil.
21 (c.1) A school district, nonpublic school, member of a <--
22 school board, director or officer of a nonpublic school or
23 employe of a school district or nonpublic school is not liable
24 (C.1) (1) A SCHOOL ENTITY, MEMBER OF A BOARD OF DIRECTORS <--
25 OR TRUSTEE OF A SCHOOL ENTITY, ADMINISTRATOR OR EMPLOYE OF A
26 SCHOOL ENTITY IS NOT LIABLE for damages in a civil action for
27 injury, death or loss to person or property allegedly arising
28 from a pupil being prohibited by an employe of the school or <--
29 school district ENTITY from using an inhaler or epinephrine <--
30 auto-injector because of the employe's reasonable belief
20070H1377B1998 - 3 -
1 formed after a reasonable and ordinary inquiry that the
2 conditions prescribed in subsection (c) had not been <--
3 satisfied. A school district, nonpublic school, member of a
4 school board, director or officer of a nonpublic school, or
5 employe of a school district or nonpublic school is ADDRESSED <--
6 IN THE SCHOOL ENTITY'S POLICY REQUIRED UNDER SUBSECTION (A)
7 HAD NOT BEEN SATISFIED.
8 (2) A SCHOOL ENTITY, MEMBER OF A BOARD OF DIRECTORS OR
9 TRUSTEE OF A SCHOOL ENTITY, ADMINISTRATOR OR EMPLOYE OF A
10 SCHOOL ENTITY IS not liable for damages in a civil action for
11 injury, death or loss to person or property allegedly arising
12 from a pupil being permitted by an employe of the school or <--
13 school district ENTITY to use an inhaler or epinephrine auto- <--
14 injector because of the employe's reasonable belief formed
15 after a reasonable and ordinary inquiry that the conditions
16 prescribed in subsection (c) ADDRESSED IN THE SCHOOL ENTITY'S <--
17 POLICY REQUIRED UNDER SUBSECTION (A) had been satisfied. This <--
18 subsection does not
19 (3) THIS SUBSECTION SHALL NOT BE CONSTRUED TO eliminate, <--
20 limit or reduce any other immunity or defense that a school
21 district, member of a school board, director or employe of a <--
22 school district ENTITY, MEMBER OF A BOARD OF DIRECTORS OR <--
23 TRUSTEE OF A SCHOOL ENTITY, ADMINISTRATOR OR EMPLOYE OF A
24 SCHOOL ENTITY may have under the law of this Commonwealth.
25 (c.2) A principal or other chief administrator who is aware
26 that a pupil is in possession of an inhaler or epinephrine auto-
27 injector pursuant to this section shall notify each of the
28 pupil's classroom teachers of that fact and of the provisions of
29 this section.
30 (d) As used in this section, "school entity" means a school
20070H1377B1998 - 4 -
1 district, intermediate unit [or], area vocational-technical <--
2 school OR CHARTER SCHOOL. <--
3 Section 2. This act shall take effect in 60 days.
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